House
File
2456
H-8117
Amend
House
File
2456
as
follows:
1
1.
Page
1,
before
line
1
by
inserting:
2
<
DIVISION
I
3
BEHAVIORAL
HEALTH
——
DISCLOSURES
——
MENTAL
HEALTH
AND
4
DISABILITY
SERVICES
>
5
2.
Page
17,
after
line
26
by
inserting:
6
<
DIVISION
___
7
EXTREME
RISK
PROTECTIVE
ORDER
——
FIREARMS
8
Sec.
___.
Section
664A.1,
subsection
2,
Code
2018,
is
9
amended
to
read
as
follows:
10
2.
a.
“Protective
order”
means
a
protective
order
issued
11
pursuant
to
chapter
232
,
a
court
order
or
court-approved
12
consent
agreement
entered
pursuant
to
this
chapter
or
chapter
13
235F
,
a
court
order
or
court-approved
consent
agreement
entered
14
pursuant
to
chapter
236
or
236A
,
including
a
valid
foreign
15
protective
order
under
section
236.19,
subsection
3
,
or
section
16
236A.19,
subsection
3
,
a
temporary
or
permanent
protective
17
order
or
order
to
vacate
the
homestead
under
chapter
598
,
or
an
18
order
that
establishes
conditions
of
release
or
is
a
protective
19
order
or
sentencing
order
in
a
criminal
prosecution
arising
20
from
a
domestic
abuse
assault
under
section
708.2A
,
or
a
civil
21
injunction
issued
pursuant
to
section
915.22
.
22
b.
“Protective
order”
does
not
include
a
protective
order
23
issued
pursuant
to
chapter
664B.
24
Sec.
___.
NEW
SECTION
.
664B.1
Definitions.
25
As
used
in
this
chapter
unless
the
context
otherwise
26
requires:
27
1.
“Affidavit”
means
a
written
declaration
or
statement
of
28
fact
made
under
oath,
or
legally
sufficient
affirmation,
before
29
any
person
authorized
to
administer
oaths
within
or
without
the
30
state.
31
2.
“Family
member”
means
a
spouse,
person
cohabiting,
a
32
parent,
or
other
person
related
by
consanguinity
or
affinity.
33
3.
“Firearm”
includes
ammunition
and
any
offensive
weapon.
34
4.
“Intimate
relationship”
means
the
same
as
defined
in
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#1.
#2.
section
235E.1.
1
5.
“Plaintiff”
means
a
family
member,
a
person
with
whom
the
2
respondent
is
having
an
intimate
relationship
with,
or
a
peace
3
officer
who
files
a
petition
under
this
chapter.
4
6.
“Possession”
includes
ownership,
custody,
or
control.
5
7.
“Respondent”
means
a
person
against
whom
a
protective
6
order
is
filed
under
this
chapter.
7
Sec.
___.
NEW
SECTION
.
664B.2
Extreme
risk
protective
order
8
——
petition.
9
1.
A
plaintiff
may
file
a
petition
in
the
district
court
10
requesting
an
extreme
risk
protective
order.
Venue
shall
lie
11
in
the
county
where
either
party
resides.
The
petition
shall
12
contain
all
of
the
following:
13
a.
Name
of
the
plaintiff
and
the
name
and
address
of
the
14
plaintiff’s
attorney,
if
any.
If
the
plaintiff
is
proceeding
15
pro
se,
the
petition
shall
state
a
mailing
address
for
the
16
plaintiff.
A
mailing
address
may
be
provided
by
the
plaintiff
17
pursuant
to
section
664B.6.
18
b.
A
statement
of
facts
alleging
the
respondent
presents
19
a
significant
danger
to
the
respondent’s
self
or
others
by
20
possessing,
shipping,
transporting,
or
receiving
firearms
21
accompanied
by
an
affidavit
stating
the
specific
statements,
22
actions,
or
facts
that
give
rise
to
the
reasons
the
respondent
23
presents
a
significant
danger
to
the
respondent’s
self
or
24
others
by
possessing,
shipping,
transporting,
or
receiving
25
firearms.
26
c.
The
location,
type,
and
number
of
firearms
the
plaintiff
27
believes
are
possessed
by
the
respondent.
28
d.
Whether
the
respondent
is
subject
to
a
current
protective
29
order
or
a
no-contact
order.
30
e.
Whether
any
legal
proceeding
is
pending
between
the
31
plaintiff
and
respondent,
and
if
so,
the
nature
of
the
legal
32
proceeding.
33
f.
Desired
relief,
including
a
request
for
temporary
or
34
emergency
orders.
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2.
The
filing
fee
and
court
costs
for
an
extreme
risk
1
protective
order
shall
be
waived
for
the
plaintiff.
2
3.
The
clerk
of
the
district
court,
the
sheriff
of
any
3
county
in
this
state,
or
any
peace
officer,
or
corrections
4
officer
shall
perform
their
duties
relating
to
service
of
5
process
without
charge
to
the
plaintiff.
When
an
order
for
6
an
extreme
risk
protective
is
entered
by
the
court,
the
court
7
may
direct
the
respondent
to
pay
to
the
clerk
of
court
the
8
fees
for
the
filing
of
the
petition
and
reasonable
costs
of
9
service
of
process
if
the
court
determines
the
respondent
has
10
the
ability
to
pay
the
plaintiff’s
fees
and
costs.
In
lieu
of
11
personal
service
of
a
protective
order
issued
pursuant
to
this
12
section,
the
sheriff
of
any
county
in
this
state,
and
other
law
13
enforcement
and
corrections
officers
may
serve
a
respondent
14
with
a
short-form
notification
pursuant
to
section
664B.3.
15
Sec.
___.
NEW
SECTION
.
664B.3
Short-form
notification.
16
1.
In
lieu
of
personal
service
of
an
extreme
risk
protective
17
order
or
an
emergency
extreme
risk
protective
order
on
a
18
respondent
whose
firearms
are
to
be
surrendered
by
such
an
19
order,
a
sheriff
of
any
county
in
this
state
or
any
peace
20
officer
or
corrections
officer
in
this
state
may
serve
the
21
respondent
with
a
short-form
notification
pursuant
to
this
22
section
to
effectuate
service
of
an
unserved
order.
23
2.
Service
of
a
short-form
notification
under
this
section
24
shall
be
allowed
during
traffic
stops
and
other
contacts
with
25
the
respondent
by
a
sheriff,
peace
officer,
or
corrections
26
officer
in
this
state
in
the
course
of
performing
official
27
duties.
The
respondent
may
be
detained
for
a
reasonable
period
28
of
time
to
complete
the
short-form
notification
process.
29
3.
When
the
short-form
notification
process
is
complete,
30
the
sheriff,
peace
officer,
or
corrections
officer
serving
the
31
notification
shall
file
a
copy
of
the
notification
with
the
32
clerk
of
the
district
court.
The
filing
shall
indicate
the
33
date
and
time
the
notification
was
served
on
the
respondent.
34
4.
The
short-form
notification
shall
be
on
a
form
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prescribed
by
the
state
court
administrator.
The
state
court
1
administrator
shall
prescribe
rules
relating
to
the
content
2
and
distribution
of
the
form
to
appropriate
law
enforcement
3
agencies
in
this
state.
The
form
shall
include
but
not
be
4
limited
to
all
of
the
following
statements:
5
a.
The
respondent
shall
immediately
surrender
all
firearms
6
in
the
respondent’s
possession
and
any
permit
to
carry
weapons
7
or
permit
to
acquire
in
the
possession
of
the
respondent.
8
b.
The
respondent
is
responsible
for
obtaining
a
full
copy
9
of
the
extreme
risk
protective
order
or
emergency
extreme
risk
10
protective
order
from
the
county
sheriff
of
the
county
in
which
11
the
order
was
entered
or
from
the
clerk
of
the
district
court.
12
c.
The
terms
and
conditions
of
the
extreme
risk
protective
13
order
or
emergency
extreme
risk
protective
order
are
14
enforceable,
and
the
respondent
is
subject
to
arrest
for
15
violating
the
protective
order.
16
Sec.
___.
NEW
SECTION
.
664B.4
Plaintiffs
proceeding
pro
se
17
——
provision
of
forms
and
assistance.
18
1.
The
department
of
justice
shall
prescribe
standard
forms
19
to
be
used
by
a
plaintiff
proceeding
pro
se
when
filing
a
20
petition
under
this
chapter.
The
standard
forms
shall
include
21
language
in
fourteen
point
boldface
type.
Standard
forms
22
prescribed
by
the
department
shall
be
the
exclusive
forms
used
23
by
a
plaintiff
proceeding
pro
se,
and
may
be
used
by
other
24
plaintiffs.
The
department
shall
distribute
the
forms
to
the
25
clerks
of
the
district
courts.
26
2.
The
clerk
of
the
district
court
shall
furnish
the
27
required
forms
to
plaintiffs
seeking
an
extreme
risk
protective
28
order
through
pro
se
proceedings
pursuant
to
this
chapter.
29
Sec.
___.
NEW
SECTION
.
664B.5
Assistance
by
county
30
attorney.
31
A
county
attorney’s
office
may
provide
assistance
to
a
32
plaintiff
wishing
to
initiate
proceedings
pursuant
to
this
33
chapter
or
to
a
plaintiff
at
any
stage
of
a
proceeding
under
34
this
chapter,
if
the
plaintiff
does
not
have
sufficient
funds
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to
pay
for
legal
assistance
and
if
the
assistance
does
not
1
create
a
conflict
of
interest
for
the
county
attorney’s
office.
2
The
assistance
provided
may
include,
but
is
not
limited
to,
3
assistance
in
obtaining
or
completing
forms,
filing
a
petition
4
or
other
necessary
pleading,
presenting
evidence
to
the
court,
5
and
enforcing
the
orders
of
the
court
entered
pursuant
to
this
6
chapter.
Providing
assistance
pursuant
to
this
section
shall
7
not
be
considered
the
private
practice
of
law
for
the
purposes
8
of
section
331.752.
9
Sec.
___.
NEW
SECTION
.
664B.6
Plaintiff’s
address
——
10
confidentiality
of
records.
11
1.
A
plaintiff
may
use
any
of
the
following
addresses
as
a
12
mailing
address
for
purposes
of
filing
a
petition
under
this
13
chapter:
14
a.
The
mailing
address
of
a
shelter
or
other
agency.
15
b.
A
public
or
private
post
office
box.
16
c.
Any
other
mailing
address,
with
the
permission
of
the
17
resident
of
that
address.
18
2.
A
plaintiff
shall
report
any
change
of
address,
whether
19
designated
according
to
subsection
1
or
otherwise,
to
the
clerk
20
of
the
district
court
no
more
than
five
days
after
the
previous
21
address
on
record
becomes
invalid.
22
3.
The
entire
file
or
a
portion
of
the
file
under
this
23
chapter
shall
be
sealed
by
the
clerk
of
the
district
court
as
24
ordered
by
the
court
to
protect
the
privacy
interest
or
safety
25
of
any
person.
26
4.
Notwithstanding
subsection
3,
court
orders
shall
remain
27
public
records,
although
the
court
may
order
that
address
and
28
location
information
be
redacted
from
the
public
records.
29
Sec.
___.
NEW
SECTION
.
664B.7
Hearing.
30
1.
Not
less
than
five
and
not
more
than
fifteen
days
after
31
commencing
a
proceeding
and
upon
notice
to
the
other
party,
32
a
hearing
shall
be
held
at
which
the
plaintiff
must
prove
by
33
a
preponderance
of
the
evidence
that
the
respondent
presents
34
a
significant
danger
to
the
respondent’s
self
or
others
by
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possessing,
shipping,
transporting,
or
receiving
firearms.
1
2.
Upon
hearing,
if
the
court
finds
by
a
preponderance
of
2
the
evidence
that
the
respondent
poses
a
significant
danger
3
to
the
respondent’s
self
or
others
by
possessing,
shipping,
4
transporting,
or
receiving
firearms,
the
court
shall
issue
an
5
extreme
risk
protective
order
for
a
period
of
one
year.
6
3.
In
determining
whether
grounds
for
an
extreme
risk
7
protective
order
exist,
the
court
may
consider
any
relevant
8
evidence
including
but
not
limited
to
the
following:
9
a.
A
recent
act
or
threat
of
violence
by
the
respondent
10
against
the
respondent’s
self
or
others,
and
whether
such
11
violence
or
threat
involves
a
firearm.
12
b.
A
pattern
of
acts
or
threats
of
violence
against
the
13
respondent’s
self
or
others
within
the
preceding
twelve
months
14
of
the
filing
of
the
petition.
15
c.
Any
serious
mental
impairment
of
the
respondent.
16
d.
Any
violation
of
a
no-contact
order
issued
for
violations
17
or
alleged
violations
of
sections
708.2A,
708.7,
708.11,
709.2,
18
709.3,
and
709.4,
and
any
other
public
offense
for
which
there
19
is
a
victim.
20
e.
Any
violation
of
a
protective
order
issued
in
a
civil
21
proceeding
under
chapter
232,
235F,
236,
236A,
598,
or
915.
22
f.
The
issuance
of
a
previous
extreme
risk
protective
order
23
against
the
respondent
under
this
chapter.
24
g.
A
violation
of
a
previous
extreme
risk
protective
order
25
issued
against
the
respondent
under
this
chapter.
26
h.
A
conviction
of
the
respondent
for
a
crime
that
27
constitutes
domestic
abuse
assault
in
violation
of
section
28
708.2A.
29
i.
The
possession
of
or
access
to
a
firearm,
or
the
intent
30
to
possess
a
firearm
by
the
respondent.
31
j.
The
unlawful
or
reckless
use,
display,
or
brandishing
of
32
a
firearm
by
the
respondent.
33
k.
Any
history
of
use,
attempted
use,
or
threatened
use
of
34
physical
force
by
the
respondent
against
another
person,
or
the
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respondent’s
history
of
stalking
or
harassing
another
person.
1
l.
Any
prior
arrest
of
the
respondent
for
a
felony
offense
2
or
violent
crime.
3
m.
Evidence
of
abuse
of
a
controlled
substance
or
alcohol
4
by
the
respondent.
5
n.
Evidence
of
recent
acquisition
of
a
firearm
by
the
6
respondent.
7
4.
The
court
may:
8
a.
Examine
under
oath
the
plaintiff,
the
respondent,
and
9
any
witnesses
that
the
plaintiff
or
respondent
produces,
or
10
in
lieu
of
examination,
consider
affidavits
of
the
plaintiff,
11
the
respondent,
or
any
witnesses
the
plaintiff
or
respondent
12
produces.
13
b.
Ensure
that
a
reasonable
search
has
been
conducted
for
14
criminal
history
records
relating
to
the
respondent.
15
5.
During
the
hearing,
the
court
may
order
a
substance
abuse
16
evaluation.
17
6.
An
extreme
risk
protective
order
shall
include
all
of
the
18
following:
19
a.
A
statement
of
the
grounds
supporting
the
issuance
of
the
20
order.
21
b.
The
date
and
time
the
order
was
issued.
22
c.
The
date
and
time
the
order
expires.
23
d.
Whether
a
substance
abuse
evaluation
is
required.
24
e.
Whether
a
responsive
pleading
may
be
filed.
25
f.
A
description
of
the
firearms
to
be
surrendered.
26
g.
An
extreme
risk
protective
order
shall
contain
the
27
following
statement:
28
To
the
subject
of
this
protective
order:
This
order
remains
29
effective
until
the
date
and
time
noted
above.
If
you
have
not
30
done
so
already,
you
must
surrender
to
the
(insert
the
name
of
31
a
local
law
enforcement
agency
with
jurisdiction)
all
firearms
32
in
your
possession,
custody,
or
control
and
surrender
any
33
permit
to
carry
weapons
or
permit
to
acquire
in
your
possession
34
to
such
agency.
You
shall
not
have
in
your
possession
a
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firearm,
or
ship,
transport,
or
receive,
or
attempt
to
ship,
1
transport,
or
receive
such
a
firearm
while
this
order
is
in
2
effect.
You
have
the
right
to
request
one
hearing
to
terminate
3
this
order
during
each
twelve-month
period
that
this
order
is
4
in
effect,
starting
from
the
date
of
this
order
and
continuing
5
through
any
extension
of
the
order.
If
the
order
requires
6
a
substance
abuse
evaluation,
you
must
first
obtain
such
7
evaluation
and
disclose
the
results
of
the
evaluation
to
the
8
court
prior
to
requesting
a
hearing.
9
7.
If
a
hearing
is
continued,
the
court
may
make
or
extend
10
any
order
issued
under
subsection
2
that
it
deems
necessary.
11
8.
Upon
the
application
of
a
party,
the
court
shall
issue
12
subpoenas
requiring
attendance
and
testimony
of
witnesses
and
13
production
of
papers.
14
9.
The
court
shall
advise
the
respondent
of
a
right
to
be
15
represented
by
counsel
of
the
respondent’s
choosing
and
to
have
16
a
continuance
to
secure
counsel.
17
10.
If
applicable,
the
court
shall
determine
whether
the
18
respondent
has
had
sufficient
opportunity
to
surrender
the
19
respondent’s
firearms
after
service
of
an
emergency
extreme
20
risk
protective
order
issued
under
section
664B.8.
21
11.
Hearings
shall
be
recorded.
22
Sec.
___.
NEW
SECTION
.
664B.8
Emergency
extreme
risk
23
protective
order.
24
1.
A
plaintiff
may
request
that
an
emergency
extreme
risk
25
protective
order
be
issued
before
a
hearing
for
an
extreme
26
risk
protective
order
under
section
664B.7,
without
notice
27
to
the
respondent,
by
including
in
the
petition
detailed
28
allegations
based
on
personal
knowledge
that
the
respondent
29
poses
a
significant
danger
to
the
respondent’s
self
or
others,
30
in
the
near
future,
by
possessing,
shipping,
transporting,
or
31
receiving
firearms.
32
2.
In
considering
whether
to
issue
an
emergency
extreme
risk
33
protective
order
under
this
section,
the
court
shall
consider
34
all
relevant
evidence
described
in
section
664B.7,
subsection
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3.
1
3.
If
the
court
finds
there
is
good
cause
to
believe
that
2
the
respondent
poses
a
significant
danger
to
the
respondent’s
3
self
or
others,
in
the
near
future,
by
possessing,
shipping,
4
transporting,
or
receiving
firearms,
the
court
shall
issue
an
5
emergency
extreme
risk
protective
order.
6
4.
The
court
shall
hold
an
emergency
extreme
risk
protective
7
order
hearing
in
person
or
by
telephone
on
the
day
the
petition
8
is
filed.
9
5.
When
the
court
is
unavailable
from
the
close
of
business
10
at
the
end
of
the
day
or
week
to
the
resumption
of
business
11
at
the
beginning
of
the
day
or
week,
a
petition
may
be
filed
12
before
a
district
judge,
or
district
associate
judge
designated
13
by
the
chief
judge
of
the
judicial
district,
who
may
grant
14
emergency
relief
under
this
section,
if
the
district
judge
15
or
district
associate
judge
finds
there
is
good
cause
to
16
believe
that
the
respondent
poses
a
significant
danger
to
the
17
respondent’s
self
or
others,
in
the
near
future,
by
possessing,
18
shipping,
transporting,
or
receiving
firearms.
19
6.
An
emergency
extreme
risk
protective
order
shall
include
20
the
following:
21
a.
A
statement
of
the
grounds
supporting
the
issuance
of
the
22
order.
23
b.
The
date
and
time
the
order
was
issued.
24
c.
The
date
and
time
the
order
expires.
25
d.
Whether
a
responsive
pleading
may
be
filed.
26
e.
A
description
of
the
firearms
to
be
surrendered.
27
f.
The
date
and
time
of
the
scheduled
hearing.
28
g.
An
emergency
extreme
risk
protective
order
shall
contain
29
the
following
statement:
30
To
the
subject
of
this
protective
order:
This
order
remains
31
effective
until
the
date
and
time
noted
above.
If
you
have
not
32
done
so
already,
you
must
immediately
surrender
to
the
(insert
33
the
name
of
a
local
law
enforcement
agency
with
jurisdiction)
34
all
firearms
in
your
possession,
custody,
or
control,
and
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surrender
any
permit
to
carry
weapons
or
permit
to
acquire
1
in
your
possession
to
such
agency.
You
shall
not
have
in
2
your
possession
a
firearm,
or
ship,
transport,
or
receive,
or
3
attempt
to
ship,
transport,
or
receive
such
a
firearm
while
4
this
order
is
in
effect.
A
hearing
will
be
held
on
the
date
5
and
time
noted
above
to
determine
if
an
extreme
risk
protective
6
order
shall
be
issued.
Failure
to
appear
at
that
hearing
may
7
result
in
a
court
entering
an
extreme
risk
protective
order
8
against
you
that
is
valid
for
a
period
of
one
year.
You
may
9
seek
the
advice
of
an
attorney
as
to
any
matter
connected
with
10
this
order.
11
7.
An
emergency
extreme
risk
protective
order
issued
under
12
this
section
shall
expire
upon
the
issuance
of
an
extreme
13
risk
protective
order
under
section
664B.7
or
if
the
court
14
determines
at
a
hearing
on
the
petition
for
an
extreme
risk
15
protective
order
under
section
664B.7
that
the
plaintiff
16
has
not
proven
by
a
preponderance
of
the
evidence
that
the
17
respondent
presents
a
significant
danger
to
the
respondent’s
18
self
or
others
by
possessing,
shipping,
transporting,
or
19
receiving
firearms.
20
8.
An
emergency
extreme
risk
protective
order
shall
be
21
served
by
the
sheriff
of
any
county
in
this
state,
a
peace
22
officer,
or
a
corrections
officer,
in
the
same
manner
provided
23
in
section
664B.2
for
the
service
of
the
notice
and
petition,
24
and
shall
be
served
concurrently
with
such
notice
of
hearing
25
and
petition,
if
possible.
Alternatively,
an
emergency
26
extreme
risk
protective
order
may
be
served
using
short-form
27
notification
pursuant
to
section
664B.3,
and
shall
be
served
28
concurrently
with
the
notice
of
hearing
and
petition,
if
29
possible.
30
Sec.
___.
NEW
SECTION
.
664B.9
Notice
of
extreme
risk
31
protective
order
or
emergency
extreme
risk
protective
order.
32
1.
The
clerk
of
the
district
court
or
other
person
33
designated
by
the
court
shall
provide
a
copy
of
the
extreme
34
risk
protective
order
or
the
emergency
extreme
risk
protective
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order
to
the
plaintiff.
1
2.
The
clerk
of
the
district
court
shall
provide
a
notice
2
and
copy
of
the
protective
order
to
the
appropriate
law
3
enforcement
agencies
and
the
twenty-four-hour
dispatcher
for
4
the
law
enforcement
agencies
in
the
same
manner
as
provided
in
5
section
235F.6,
236.5,
or
236A.7,
as
applicable.
The
clerk
6
of
the
district
court
shall
provide
a
notice
and
copy
of
a
7
termination
or
extension
of
the
protective
order
in
the
same
8
manner.
9
Sec.
___.
NEW
SECTION
.
664B.10
Termination
or
extension
of
10
order.
11
1.
The
respondent
may
request
a
hearing
to
terminate
12
an
extreme
risk
protective
order
issued
under
this
chapter
13
during
the
twelve-month
period
that
the
order
is
in
effect,
14
starting
from
the
date
of
the
order
and
continuing
through
any
15
extensions.
16
a.
Upon
receipt
of
a
request
for
a
hearing
to
terminate
17
an
extreme
risk
protective
order,
the
court
shall
set
a
date
18
for
a
hearing.
Notice
of
the
request
shall
be
served
on
the
19
plaintiff.
The
hearing
shall
occur
no
sooner
than
fourteen
20
days
and
no
later
than
thirty
days
from
the
date
of
service
of
21
the
request
upon
the
plaintiff.
22
b.
The
respondent
shall
have
the
burden
of
proving
by
a
23
preponderance
of
the
evidence
that
the
respondent
does
not
pose
24
a
significant
danger
to
the
respondent’s
self
or
others
by
25
possessing,
shipping,
transporting,
or
receiving
firearms.
26
c.
If
the
court
finds
after
the
hearing
that
the
respondent
27
has
met
the
burden
of
proof,
the
court
shall
terminate
the
28
extreme
risk
protective
order.
29
2.
A
family
member
may,
by
motion,
request
an
extension
30
of
an
extreme
risk
protective
order
within
ninety
days
of
the
31
expiration
of
the
order.
32
a.
Upon
receipt
of
a
motion
to
extend
an
extreme
risk
33
protective
order,
the
court
shall
order
the
hearing
be
held
no
34
earlier
than
fourteen
days
from
the
date
of
the
motion.
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b.
In
considering
whether
to
extend
the
extreme
risk
1
protective
order
under
this
section,
the
court
shall
consider
2
all
relevant
evidence
described
in
section
664B.7,
subsection
3
3.
4
c.
If
the
court
finds
by
a
preponderance
of
the
evidence
5
that
the
requirements
for
issuance
of
an
extreme
risk
6
protective
order
continue
to
be
met,
the
court
shall
extend
7
the
order.
However,
if,
after
notice,
the
motion
to
extend
is
8
uncontested
and
the
plaintiff
does
not
seek
a
modification
of
9
the
existing
order,
the
order
may
be
extended
on
the
basis
of
10
the
plaintiff’s
motion
or
affidavit
stating
that
there
has
been
11
no
material
change
in
relevant
circumstances
since
entry
of
the
12
protective
order.
13
Sec.
___.
NEW
SECTION
.
664B.11
Firearms
and
firearm
permits
14
——
surrender.
15
1.
Upon
the
issuance
of
an
extreme
risk
protective
order
16
or
an
emergency
extreme
risk
protective
order,
the
court
shall
17
order
the
respondent
to
immediately
surrender
to
the
law
18
enforcement
agency
named
in
the
protective
order,
all
firearms
19
possessed
by
the
respondent
and
any
permit
to
carry
weapons
20
or
permit
to
acquire
possessed
by
the
respondent,
within
21
forty-eight
hours
of
service
of
the
order
or
within
forty-eight
22
hours
of
a
hearing
held
pursuant
to
section
664B.7
at
which
the
23
respondent
was
present
and
an
order
was
subsequently
issued.
24
2.
At
the
time
of
surrendering
any
firearms,
a
law
25
enforcement
officer
taking
possession
of
any
firearms
26
shall
issue
a
receipt
identifying
all
firearms
that
have
27
been
surrendered
and
provide
a
copy
of
the
receipt
to
the
28
respondent.
Within
seventy-two
hours
after
service
of
the
29
order
the
law
enforcement
officer
serving
the
order
shall
file
30
the
original
receipt
with
the
court
and
shall
ensure
that
the
31
law
enforcement
agency
retains
a
copy
of
the
receipt.
32
3.
Upon
a
sworn
statement
or
testimony
of
the
plaintiff
or
33
of
any
law
enforcement
officer
alleging
that
the
respondent
has
34
failed
to
comply
with
the
surrender
of
firearms
and
permits
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as
required
by
any
order
issued
under
this
section,
the
court
1
shall
determine
whether
probable
cause
exists
to
believe
that
2
the
respondent
has
failed
to
surrender
all
firearms
or
permits
3
in
the
possession
of
the
respondent.
If
probable
cause
exists,
4
the
court
shall
issue
a
search
warrant
describing
the
firearms
5
and
authorizing
a
search
of
the
locations
where
the
firearms
6
are
reasonably
believed
to
be
and
the
seizure
of
any
firearms
7
discovered
in
the
search.
8
4.
If
a
person
other
than
the
respondent
claims
to
own
9
any
of
the
firearms
seized
or
surrendered
pursuant
to
this
10
chapter,
and
the
law
enforcement
agency
where
the
firearms
are
11
stored
determines
that
person
to
be
the
lawful
owner
of
the
12
firearms,
the
firearms
shall
be
returned
to
the
lawful
owner
if
13
the
lawful
owner
agrees
to
store
the
firearms
in
such
a
manner
14
that
prevents
the
respondent
from
having
access
to
the
firearms
15
during
the
time
an
extreme
risk
protective
order
or
emergency
16
extreme
risk
protective
order
is
in
effect.
17
Sec.
___.
NEW
SECTION
.
664B.12
Firearm
surrender
——
18
hearing.
19
Upon
the
issuance
of
an
extreme
risk
protective
order,
the
20
court
shall
order
a
new
hearing
within
three
business
days
21
of
the
issuance
of
the
order
that
requires
the
respondent
22
to
provide
evidence
to
the
court
that
the
respondent
has
23
surrendered
any
firearms
in
the
possession
of
the
respondent.
24
The
court
may
dismiss
the
hearing
upon
a
satisfactory
showing
25
the
respondent
has
complied
with
the
order.
26
Sec.
___.
NEW
SECTION
.
664B.13
Firearms
——
storage.
27
All
law
enforcement
agencies
shall
develop
policies
and
28
procedures
by
June
1,
2019,
regarding
the
acceptance,
storage,
29
and
return
of
firearms
surrendered
to
a
law
enforcement
agency
30
under
this
chapter.
31
Sec.
___.
NEW
SECTION
.
664B.14
Return
of
firearms
and
32
unclaimed
firearms.
33
1.
If
an
extreme
risk
protective
order
is
terminated
or
34
expires
without
an
extension,
the
law
enforcement
agency
in
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possession
of
any
firearms
surrendered
by
a
respondent
shall
1
return
any
such
firearms
upon
request
of
the
respondent,
2
provided
the
respondent
is
eligible
to
possess
a
firearm.
3
2.
Notwithstanding
section
809.21,
for
firearms
that
remain
4
unclaimed
by
the
lawful
owner,
the
firearms
shall
be
destroyed
5
pursuant
to
661
IAC
95.8.
6
Sec.
___.
NEW
SECTION
.
664B.15
Penalties.
7
1.
A
person
who
files
a
petition
under
this
chapter
knowing
8
the
information
in
the
petition
to
be
materially
false
commits
9
a
serious
misdemeanor.
10
2.
A
respondent
who
possesses
a
firearm,
or
who
ships,
11
transports,
or
receives,
or
attempts
to
ship,
transport,
or
12
receive
a
firearm
while
an
extreme
risk
protective
order
or
13
emergency
extreme
risk
protective
order
is
in
effect
commits
an
14
aggravated
misdemeanor.
15
3.
A
person
who
claims
ownership
of
a
firearm
pursuant
to
16
section
664B.11,
subsection
4,
who
agrees
to
store
the
firearm
17
in
such
a
manner
that
prevents
a
respondent
from
having
access
18
to
the
firearm
commits
a
serious
misdemeanor
if
the
respondent
19
is
later
found
to
have
access
to
the
firearm
that
is
subject
20
to
the
agreement
while
an
extreme
risk
protective
order
is
in
21
effect.
22
4.
A
respondent
who
violates
subsection
2
shall
be
23
prohibited
from
possessing,
shipping,
transporting,
or
24
receiving
a
firearm
for
a
period
of
five
years
from
the
date
of
25
the
conviction.
26
Sec.
___.
Section
724.8,
Code
2018,
is
amended
by
adding
the
27
following
new
subsections:
28
NEW
SUBSECTION
.
7.
Is
subject
to
an
extreme
risk
protective
29
order
or
an
emergency
extreme
risk
protective
order
issued
30
under
chapter
664B.
31
NEW
SUBSECTION
.
8.
Has
been
convicted
of
a
violation
of
32
section
664B.15,
subsection
2,
within
the
previous
five
years.
33
Sec.
___.
Section
724.15,
subsection
1,
Code
2018,
is
34
amended
by
adding
the
following
new
paragraphs:
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NEW
PARAGRAPH
.
d.
Is
subject
to
an
extreme
risk
protective
1
order
or
an
emergency
extreme
risk
protective
order
issued
2
under
chapter
664B.
3
NEW
PARAGRAPH
.
e.
Has
been
convicted
of
a
violation
of
4
section
664B.15,
subsection
2,
within
the
previous
five
years.
5
Sec.
___.
Section
724.26,
subsection
2,
paragraph
a,
Code
6
2018,
is
amended
to
read
as
follows:
7
a.
Except
as
provided
in
paragraph
“b”
,
a
person
who
is
8
subject
to
a
protective
order
under
18
U.S.C.
§922(g)(8)
or
who
9
has
been
convicted
of
a
misdemeanor
crime
of
domestic
violence
10
under
18
U.S.C.
§922(g)(9)
and
who
knowingly
possesses,
11
ships,
transports,
or
receives
a
firearm,
offensive
weapon,
or
12
ammunition
and
who
is
any
of
the
following
is
guilty
of
a
class
13
“D”
felony
.
:
14
(i)
Is
subject
to
a
protective
order
under
18
U.S.C.
15
§922(g)(8).
16
(ii)
Has
been
convicted
of
a
misdemeanor
crime
of
domestic
17
violence
under
18
U.S.C.
§922(g)(9).
18
(iii)
Is
subject
to
an
extreme
risk
protective
order
under
19
chapter
664B.
>
20
3.
Title
page,
line
4,
by
striking
<
and
mental
>
and
21
inserting
<
mental
>
22
4.
Title
page,
line
5,
by
striking
<
services
>
and
inserting
23
<
services,
and
the
creation
of
an
extreme
risk
protective
24
order,
and
providing
penalties
>
25
5.
By
renumbering
as
necessary.
26
______________________________
STAED
of
Linn
-15-
HF2456.4110
(2)
87
hb/rh
15/
15
#3.
#4.
#5.